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Construction Lawyers: Litigation

Construction Lawyers: Litigation

With lawsuits involving residential, commercial, and industrial projects all on the rise, clients can count on Scarinci Hollenbeck to skillfully protect their best interests.

The attorneys of our Construction Litigation Practice Group have broad experience in representing contractors, architects, engineers, suppliers, owners, and developers engaged in complex disputes. 

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Construction Lawyers: Litigation

Construction Lawyers with Broad Industry Experience

Scarinci Hollenbeck’s extensive construction industry experience, particularly in the New Jersey and metropolitan New York City area, allows us to provide effective representation throughout the entire lifecycle of a construction project. Our team has been involved in some of the largest development projects in New York City and New Jersey. We understand how to navigate the complex framework of common law rights and federal, state, and local statutory regimes and provide innovative solutions that drive projects across the finish line.  Our construction lawyers also have the benefit of relying on their peers in related practice areas, such as Commercial Real Estate, Financing, Environmental, and Land Use, which gives our clients a tremendous advantage. 

Experienced Construction Attorneys Can Protect Your Project from Disputes

Disputes may arise at any point during a construction project, which can result in delays, increased costs, and potential litigation. Often, the most efficient way to resolve construction disputes is to take measures to avoid them in the first place. 

Contract disputes between owners and contractors may be avoided with diligent construction contract negotiation and review. Common sources of contention include provisions governing the timing of payments, delay claims, insurance claims, home improvement regulations, mediation or arbitration requirements, and procedures for contract default and termination. Similarly, subcontractor disputes may be avoided with diligent subcontract negotiation, taking into account key issues such as change orders, timing of payments, labor law regulations, substantial completion, and completion, and the resolution and/or discharge of mechanic’s liens. 

Scarinci Hollenbeck’s dedicated construction attorneys work with clients across the construction industry to protect their interests and reduce the risk of disputes. We routinely advise clients regarding:

  • Adaptation of standard contract forms (American Institute of Architects, Associated General Contractors, Engineers Joint Contracts, and Federal Construction Contracts) to specific client requirements
  • Bid document preparation and evaluation
  • Contract negotiation, for both owners, contractors, and subcontractors
  • LEED certification
  • Mediation and arbitration
  • Negotiation of home improvement contracts
  • Project abandonment or termination during a project
  • Project administration
  • RPAPL 881 and license agreements 

A Skilled Construction Litigation Attorney Will Protect Your Rights

Given the complexities of the construction industry, a lawsuit may be necessary to enforce your rights. Our construction litigation team has the experience, acumen, and resources to obtain successful results in a wide range of matters, including:

  • Arbitration and mediation
  • Bid protests
  • Breach of contract
  • Construction and design defect claims
  • Delay and acceleration claims
  • Different site conditions claims
  • Environmental claims
  • Indemnification claims
  • Insurance coverage claims
  • Judgement Enforcement
  • Labor disputes
  • Mechanic’s liens 
  • Payment and performance bonds
  • Wage and hour claims
  • Warranty claims

Our construction litigation attorneys advocate for clients in federal and state courts, tribunals before administrative agencies, and arbitrations. We serve individuals, businesses, developers, lenders, and insurers on all sides of construction disputes, keeping a watchful eye on not only the goals of each client but also the resources available to achieve them. 

 

At Scarinci Hollenbeck, our construction lawyers have in-depth knowledge and experience in construction law, which allows us to provide tailored legal solutions that address the unique challenges of commercial construction disputes. Our collaborative approach also allows us to pool the resources, skills, and knowledge of attorneys from across the firm to achieve the best possible outcome for every client.

Finally, our entire team is committed to delivering effective legal services at a reasonable cost. Because construction litigation is often burdensome for everyone involved, negotiating an early resolution can save both time and money. However, when an acceptable settlement can’t be reached, we do not hesitate to aggressively try cases in court.

FAQ about Construction Lawyers: Litigation

In arbitration, a neutral individual or group of individuals (either an arbitrator or an arbitration panel) is appointed to resolve the dispute. In some cases, the arbitrators are subject matter experts and, thus, may be more knowledgeable about complex areas of law, such as intellectual property, insurance, or securities law. Arbitration generally proceeds more quickly than court proceedings and, therefore, is often less costly. As in court proceedings, an arbitrator’s decision is generally final and binding on the parties.

Mediation is one of several types of alternative dispute resolution (ADR), which can serve as an alternative to traditional litigation. In mediation, a neutral third party is called on to help negotiate the differences in the parties’ positions to lead to the settlement of all or some of the issues in dispute. Unlike a judge or jury, the role of the mediator is to help the parties find common ground rather than make any binding decision regarding the dispute.

A construction defect can arise from various factors, including poor workmanship or the use of inferior materials. Common construction defects include:

  • Dry rot
  • Electrical and HVAC issues
  • Faulty drainage
  • Foundation, floor, wall, and roof cracks
  • Landscaping and soil
  • Mold
  • Plumbing
  • Structural failure
  • Water issues

Mechanic liens are often required to secure contractors on a project. The lien guarantees payment to builders, contractors, and other entities involved in a construction project in the event of a liquidation. The lien attaches to the property when the work is performed or goods are delivered and remain in force until the project is completed and all construction personnel have been paid. Because court proceedings are required to enforce a mechanic’s lien, you should consult with an experienced construction litigation attorney to determine your rights.

Breach of contract is one of the most common construction litigation claims. While many disputes can be resolved informally, it is often advisable to seek legal advice from a construction ligation attorney at the outset to ensure your rights are protected. Many contracts contain provisions outlining what constitutes a breach of contract, detailing how to give notice that a breach has occurred, and specifying procedures that must be followed, i.e. engaging in mediation or arbitration. 

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* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Practice Area Attorneys

Attorneys

Attorney, Maximilian Travis

Maximilian Travis

Senior Associate

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Dedicated attorneys

When your livelihood is on the line, having an SEC investigations attorney well-versed in securities law and the ever evolving regulatory landscape is paramount. At Scarinci Hollenbeck, our dedicated attorneys boast multiple decades of extensive experience handling cases tied to securities investigations.

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We offer strategic legal counsel that acknowledges the distinct challenges faced by officers, directors, and companies embroiled in SEC, DOJ, or AG investigations.

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Collaboratively, we work with you to grasp the unique intricacies of your circumstances, adapting our legal strategies to align with your goals.

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